A city court on Wednesday dismissed the application of the RWA of upscale condominium, The World Spa, which questioned the ‘maintainability’ of a petition filed against it by developer Unitech.
The bone of contention between the builder and residents has been collection of maintenance charges.
The real estate major has been seeking to refrain residents’ body, The World Spa Apartment Owners Association (TWSAOA), from collecting maintenance charges. Civil judge SC Kant will now hear Unitech’s petition on March 31.
TWSAOA has been collecting maintenance charges since December 1, 2011 after residents stopped paying money to the developer's agency Unitech Property Management Pvt Ltd (UPM) for allegedly failing to provide facilities promised to them at the time of booking of flats in 2004.
Unitech had filed the case on February 16 against TWSAOA, which in its counter appeal sought for dismissal of the petition. The association questioned the maintainability of the petition on the grounds that Unitech “was neither statutorily nor contractually entitled to collect maintenance after May when their contract expired”.
The World Spa residents, who include corporate honchos and senior government officials, claim that UPM was doing “shoddy” work.
Besides, as per the agreement, the maintenance works should have been handed over to the residents welfare body in May 2010 itself, they claim.
On March 11, the residents' body expelled UPM and roped in another agency for maintenance of the complex.